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1996 Supreme(MP) 984

T.S.DOABIA, A.S.TRIPATHI
Mahendra Singh – Appellant
Versus
M. P. Electricity Board – Respondent


JUDGMENT

T.S. Doabia, J.

1. The learned Single Judge in the writ petition out of which this appeal has arisen has expressed the opinion that the relief of restoration of electric connection can be sought by the present appellant tenant, under section 38 of M. P. Accommodation Control Act, 1961 (hereinafter refer as to Act). Before dealing with this aspect of the matter it would be apt to notice section 38 of the Act. This reads as under:

"38. Cutting off or withholding essential supply or service. - (1) No landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold essential supply or service enjoyed by the tenant in respect of the accommodation let to him.

(2) If a landlord contravenes the provisions of sub-section (1) the tenant may make an application to the Rent Controlling Authority complaining of such contravention.

(3) If the Rent Controlling Authority on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the accommodation was cut off or withheld by the landlord without just and sufficient cause, it shall make an order directing the landlords restore such supply or se





















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